Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6898 of 2019 Petitioner :- Prem Nath And 12 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- A.C.Tiwari(Ac),Krishna Kumar Chaurasia Counsel for Respondent :- CSC,Jay Ram Pandey,Rakesh Bahadur
Hon'ble Manoj Kumar Gupta,J.
Heard Shri A.C.Tiwari and Shri Krishna Kumar Chaurasia, learned counsel on behalf of the petitioners, Shri Rakesh Bahadur, learned counsel on behalf of respondent no. 2 and learned Standing Counsel on behalf of the State- respondents.
The instant petition is directed against the order dated 21.08.2019 whereby the appellate court has allowed Misc. Appeal No. 19 of 2016 and has set aside the order dated 18.05.2016 passed by the trial court granting temporary injunction in favour of the plaintiff-petitioners in Original Suit No. 167 of 2010.
The case of the plaintiff-petitioners was that they were recorded as Shikmi in the revenue records since the time of their ancestors. A suit at their instance under Section 59/60 for declaration under the U.P. Tenancy Act, 1939 (herein after referred to as the Act, 1939) is pending before the Collector. During pendency of the said suit, the Lekhpal expunged the entry of Shikmi from revenue records and entered the name of the State Government. Soon thereafter, there was threat of dispossession of the petitioners and consequently the suit for permanent injunction was instituted.
The defendants contested the suit claiming title to the suit property. Their claim was based on the entry made by the Lekhpal in revenue records in the year 2010 i.e. during pendency of the suit before the Collector under Section 59/60 of the Act, 1939.
In course of the suit, the trial court passed an order of temporary injunction in favour of the plaintiff-petitioners and aggrieved thereby the defendants filed an appeal before the court below which has been allowed by the impugned order.
After the parties were heard at length, they agreed for disposal of the instant petition in following terms :-
(a) Shri A.C.Tiwari, learned counsel for the plaintiff- petitioners has given an undertaking that the plaintiff- petitioners would withdraw their suit.
(b) Upon withdrawal of the suit, the plaintiff-petitioners would file an application seeking temporary injunction in suit pending before the Collector under Section 59/60 of the Act, 1939.
(c) The Collector be directed to decide the application without being influenced by the instant order or the impugned order passed by the appellate court as well as the order passed by the trial court.
It is ordered accordingly.
The petition stands disposed of. Order Date :- 27.9.2019 VR (Manoj Kumar Gupta, J.)